Terms

byAMT Inc. Terms & Conditions

byAMT Inc and/or its affiliates (“byAMT Inc”) offers this website and all information, software, products and services available from this website or offered as a part of or in conjunction with this website (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices set forth below, including the separately posted Privacy Statement (collectively, the “Terms and Conditions”). YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.
Changes

byAMT Inc. reserves the right to make changes to any or all of the Terms and Conditions or to add new terms and conditions effective immediately upon notice, which may be given by any means, including by posting the changed or new Terms and Conditions on the Website. It is your responsibility to review the Terms and Conditions from time to time to make sure you are aware of any changes. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY byAMT INC.

byAMT Inc. reserves the right to modify the information contained in the Website without notice, and makes no commitment to update the information contained in the Website.

Links to Third Party Websites

The Website may contain hyperlinks to other websites. Such links are meant solely for your convenience and are accessed at your own risk. byAMT Inc. has no control over, and is not responsible for the content found on, external websites. Links to such third party websites, including links to byAMT Inc.’s affiliates, partners, dealers, distributors and related entities, do not constitute sponsorship, endorsement or approval of such websites or the contents thereof.

Electronic Communications

When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
For information concerning byAMT Inc.’s privacy policy, please read its Privacy Policy.

Indemnification

You agree to defend, indemnify, and hold harmless byAMT Inc. and its affiliates, directors, officers, employees and agents from and against any and all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to your breach of the Terms and Conditions or your access to or use of the Website.

Termination

byAMT Inc. reserves the right to terminate at any time without notice: (i) your use of all or any portion of the Website, (ii) all or any portion of the Website, or (iii) all or any portion of the Terms and Conditions. The disclaimers, indemnities and limitations of liability in the Terms and Conditions shall survive termination of any of the foregoing.

No Warranties

THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS AS TO ACCURACY, COMPLETENESS OR TIMELINESS. byAMT Inc. DOES NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF MATERIALS OR IMAGES DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES UNRELATED TO byAMT Inc. byAMT Inc. DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM byAMT Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU "AS IS” AND “AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. USE THE WEBSITE AT YOUR OWN RISK. ALL PRODUCTS SOLD BY byAMT Inc. ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS AS SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SALE FOR THOSE PRODUCTS AND SERVICES. EXCEPT AS EXPRESSLY STATED THEREIN, byAMT Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, ONLY THE EXCLUSIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.

Intellectual and industrial property rights

The client must respect completely and unconditionally the intellectual and industrial property rights attached to the products supplied by byAMT Inc.

Limitation of Liability

IN NO EVENT WILL byAMT Inc. OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. byAMT Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE WEBSITE. byAMT Inc. ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY FILES, IMAGES, TEXT OR OTHER MATERIALS FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF byAMT Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES; THEREFORE, ONLY THE EXCLUSIONS OR LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF byAMT Inc. WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Force majeure

Without prejudice to other rights to which they are entitled, in the case of force majeure, byAMT Inc has the right if they so desire to suspend the execution of the order or dissolve the agreement without judicial intervention, by notifying the client in writing and without byAMT Inc being liable for any compensation, unless this would be unacceptable according to the standards of reasonableness and fairness under the given circumstances.

Force majeure is understood to mean every shortcoming that cannot be attributed to byAMT Inc, because no blame for the shortcoming is attributable to them and pursuant to the law, legal act or generally accepted practice they are not responsible for the shortcoming.

To the extent that byAMT Inc had already fulfilled, or will still fulfill, part of their commitments ensuing from the agreement at the time of the force majeure, byAMT Inc is entitled to invoice the part that has been or will be fulfilled. In this case, the client is obliged to pay this invoice as though it were a separate agreement.

Severability; No Waiver

If any provision of the Terms and Conditions is held unenforceable or invalid, such provision will be removed without affecting any other provision and the remaining provisions will continue to be valid and enforceable and construed in accordance with applicable law as nearly as possible to reflect the original intentions of byAMT Inc. Failure by byAMT Inc. to enforce any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right.

Entire Agreement

The Terms and Conditions constitute the entire agreement and understanding between you and byAMT Inc. with respect to use of the Website, superseding all prior or contemporaneous agreements, communications and/or proposals.

Brooklyn, New York, version November 2009, byAMT Inc.

CUSTOMER SERVICE / QUESTIONS

Please message us and we will reply as soon as possible at: sales@byamt.com